Tenant Waited Too Long to Claim Rent-Control Status

Tenant complained of a rent overcharge. She claimed that she was rent controlled. Her current rent was $300 per month. The DRA ruled for tenant and reduced her rent to $107 per month, which was the MCR effective on Jan. 1, 1972. Landlord appealed. Landlord had argued before the DRA that tenant was rent stabilized. Prior landlord had filed a report of statutory decontrol for the apartment in 1972. Prior landlord also had obtained certification of the building's rent roll in 1975 that listed another tenant as the tenant of the apartment. Landlord also claimed that there was no proof that tenant lived in the apartment long enough to claim rent-control status. The DHCR ruled for landlord. Agency records showed that tenant was rent stabilized. In 1984, the initial rent registration for the apartment listed tenant as rent stabilized and tenant filed no objection. The report of statutory decontrol and the certification of the rent roll listed other tenants as occupying the apartment. Tenant showed no other proof that she lived in the apartment before July 1, 1971, besides a 1968 union membership card. The card listed the building as tenant's address but contained no apartment number. Tenant also waited 22 years from the date of the initial apartment registration in 1984 to make her claim. Tenant waited too long, and there was insufficient proof that tenant was rent controlled.

Allstar Management Group, Inc.: DHCR Adm. Rev. Docket No. VG220005RO (11/8/07) [4-pg. doc.]